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AMENDMENTS TO LABOR STANDARDS ACT REVISE PENALTY PROVISIONS AND AUTHORIZE THE LABOR AUTHORITIES TO PUBLISH THE NAMES OF NON-COMPLIANCE ENTITIES AND THE RESPONSIBLE PERSONS THEREOF



The amendments to the Labor Standards Act ("LSA"), effective 1 July 2011 ("LSA Amendments"), revise penalty provisions and authorize the labor authorities to publish the names of noncomplying entities and their responsible persons (Articles 75 to 79 and Article 80). In general, the maximum fines that may be imposed for noncompliance with the LSA have been increased fivefold; i.e., a fine that used to range from NT$ 6,000 to NT$ 150,000 now ranges from NT$ 20,000 to NT$ 750,000.
     
In particular, if any business entity violates the following provisions in the LSA, in addition to a penalty from NT$ 20,000 to NT$ 300,000 for each instance of violation, the labor authorities may (1) order the entity to make corrections within the prescribed time or impose a penalty repeatedly until corrections are made; and (2) publish the name of the business entity or its owner and the responsible person pursuant to Article 79:
     
l Employee personal business card (Art. 7)
     
l Fixed-term employment contract (Art. 9(1))
     
l Prior notice for termination of employment (Art. 16)
     
l Certificate of employment (Art. 19)
     
l Salary and overtime pay (Art. 21(1), 22-25, 27, 28(2))
     
l Maximum regular working hours and overtime hours (Art. 30, 32, 33)
     
l Rest, leave, vacation and holidays (Art. 34-41)
     
l Engagement of child workers (Art. 46)
     
l Female employees night work (Art. 49(1); Art. 49(5) with a penalty from NTD 90,000 to NTD 450,000 to protect a female employee who is pregnant or is breastfeeding)
     
l Retirement fund reserves (Art. 56(1))
     
l Occupational hazard compensation (Art. 59)
     
l Engagement of apprentices (Art. 65(1), 66-68)
     
l Work rules (Art. 70)
     
l Employee's right to file complaints with labor authorities (Art. 74(2))
     
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